U.S. CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services (USCIS) announced a new customer service initiative to streamline the adjudication of H-1B petitions. USCIS will employ a special unit dedicated to processing these types of H-1B cap exempt petitions at the USCIS California Service Center (CSC). Foreign nationals employed by certain types of educational, nonprofit or governmental organizations, as defined below (normally referred to as “cap exempt,” aliens employed by such entities are not subject to the H-1B numerical limitations). See section 214(g)(5)(a) and (b) of the Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. ActThe Act (INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens.), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admissionEntry to the United States, authorized by a U.S. immigration inspector, part of the Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information.). When you come from abroad and first arrive in the U.S, the visa allows you to travel to the port-of entry and request permission to enter the U.S. Admission or entering the U.S., by non-United States citizens must be authorized by a U.S. Immigration inspector at the port-of- entry, who determines whether you can enter and how long you can stay here, on any particular visit. If you are allowed to enter, how long you can stay is and the immigration classification you are given, is shown as a recorded date or Duration of Status (D/S) on Form I-94, Arrival-Departure Record, or Form I-94W, if arriving on the Visa Waiver Program. If you want to stay longer than the date authorized, you must request permission of the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS). Go to the USCIS Internet web site to learn more.
, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens. (INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens.); and 8 CFR 214.2 (h)(8)(A).

•Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);]

•Nonprofit organizations or entities related to or affiliated with institutions of higher education; and

•Nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)c).

Such institutions and organizations can indicate that the H-1B filing is cap exempt by marking Form I-129 (Petition for Non-Immigrantan alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and NationalityThe country of a person’s citizenship or country in which the person is deemed a nationalA person owing permanent allegiance to a state. Act (INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens.) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrantAn alien who seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. categories (INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens. section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INAThe Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission, naturalizationThe conferring, by any means, of citizenship upon a person after birth., and removalThe expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability. of aliens. but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States. Worker) with a “yes” answer to question 1, 2, or 3 in Part C of the H-1B Data Collection and Filing fee Exemption Supplement (page 10).

H-1B petitioners are now encouraged to use the following special mailing address for qualifying H-1B cap exempt petitions. To determine if your petition qualifies, please make sure your institution or organization fits one of the categories listed above.

For Direct Mail:

U.S. CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services

California Service Center

ATTN: CAP EXEMPT H-1B Processing Unit

P.O. BOX 30040

Laguna Niguel, CA 92607-3004

For non-United States Postal Service (USPS) deliveries (e.g. private couriers):

U.S. CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services

California Service Center

ATTN: CAP EXEMPT H-1B Processing Unit

24000 Avila Road, Room 2312

Laguna Niguel, CA 92677

Each H-1B petitioner is encouraged to mark the outside of the envelope and the top margin of the I-129 form, with “EXEMPT”. This will ensure quick identification of the H-1B filing throughout the petition’s processing at CSC.

If a cap exempt H-1B petition is received at a different Service Center, that Service Center will expeditiously forward the petition to the CSC for processing. In the near future, USCIS will postAmerican Embassy, consulate or other diplomatic mission abroad. Not all American embassies, consulates and missions are visa-issuing posts. special filing instructions to Form I-129 requiring all qualifying H-1B cap exempt petitions to be filed at the CSC.